Back
MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
Yakkanti Adinarayana Reddy – Appellant
Versus
Vaishnavi Estates and Developers – Respondent
ORDER: (Per Hon’ble Justice Moushumi Bhattacharya)
This Civil Revision Petition arises out of an order passed by the Trial Court dated 15.04.2024 referring the parties to arbitration. The order was passed in an application filed by the respondents (defendants) under section 8(1) of The Arbitration and Conciliation Act, 1996. The plaintiff filed a Suit for dissolution of partnership in the Trial Court.
2. The Trial Court relied on the written statement filed by the respondents and was of the view that a separate application was not required to be filed under section 8(1) of the 1996 Act for referring the parties to arbitration.
3. Learned counsel appearing for the petitioners (plaintiff in the Trial Court) refers to certain admitted dates and submits that the application under section 8(1) of the 1996 Act was filed more than 10 years after the respondent No.1/defendant No.1’s written statement in the Suit.
4. Learned counsel appearing for the respondents urges, on the other hand, that the respondents (defendant Nos.1-4, 6-8 and 10) had referred to the arbitration clause in their written statement which alone should have been held to be sufficient for referring the parties to arbitration
The court established that a formal application under section 8(1) of the Arbitration and Conciliation Act is mandatory for referring parties to arbitration, and failure to comply with this requireme....
An application under Section 8 of the Arbitration and Conciliation Act must be filed before the first written statement and within the prescribed limitation period; otherwise, it is not maintainable.
Section 8 of the Arbitration and Conciliation Act mandates that an application for arbitration must be made before the first written statement; dismissal of the suit under this section is not permiss....
An application under section 8(1) of the Arbitration and Conciliation Act must precede the submission of the first statement on the substance of the dispute, and failure to comply with statutory requ....
Section 8 of the Arbitration and Conciliation Act, 1996 has a mandatory effect, and once the conditions are fulfilled, the court is obligated to refer the parties to arbitration.
The main legal point established in the judgment is the mandatory requirement for the civil court to refer the parties to arbitration upon satisfaction of the prerequisites under Section 8 of the Arb....
The limitation for filing an application under Section 8 of the Arbitration and Conciliation Act aligns with the time for submitting the written statement, and failure to comply results in a waiver o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
